On May 6, 2024, the Knight Institute filed an amicus brief in the Ninth Circuit in Knudsen v. Alario, a case challenging Montana’s TikTok ban. In November, a district court ruled that Montana’s ban “likely violates the First Amendment” and prohibited the ban from going into effect.

The Institute’s amicus brief, filed in support of TikTok and a group of content creators, urges the Ninth Circuit to affirm the district court’s decision. The brief makes three points in support of that outcome. First, the First Amendment protects Americans’ right to access ideas, information, and media from abroad, which includes the right to access foreign-owned social media platforms like TikTok. Second, restricting access to foreign ideas and media is a practice typically associated with repressive regimes, and any such restrictions should be approached with wariness and distrust. Finally, Montana’s ban cannot withstand First Amendment scrutiny because banning TikTok is both ineffective and unnecessary to serve Montana’s interest in protecting consumer privacy. Banning TikTok does nothing to address the collection, sale, or transfer of Americans’ personal data, and privacy concerns could be much better addressed through comprehensive privacy legislation that would not restrict Americans’ ability to engage in First Amendment-protected speech online.  

Status: On May 6, 2024, the Knight Institute submitted its amicus brief in support of plaintiff-appellees.

Case Information: Alario v. Knudsen, No. 24-34 (9th Cir.)